employed in the UK while waiting for AOS

[globetrotter 0]

Can anyone tell me...?? Is it legal to be employed in the UK while in the USA waiting for AOS. My temporary work permit is about to expire and I need to know if I can continue receiveing a UK salary - paid to me in the UK and I continue to pay UK taxes.

I am actually paid to do my PhD thesis and so I will be continuing to write up anyway (sitting at home on my computer) - just wasn't sure if it was somehow breaking the rules to receive payment for this from a non USA organization. My understanding is that not being allowed to work in the USA means you cannot be empoyed by a USA company. Am I right?

I actually tried asking an immigration officer this question- first in London, but the supervisor I would have had to speak to was away, then I e-mailed them and got no response and then I tried asking again when I was in Charlotte for my biometrics but was told the immigration officer was too busy to see me.....??????

If you recommend contacting a lawyer can you recommend one and give me an idea of how much it would cost?

Thanks

Maggie

[KarenCee 3]

Have a look here:

http://www.***removed***/immigration/employ...n-document.html

and here:

http://www.usdoj.gov/crt/osc/htm/facts.htm#verify

These were posted today in another thread on this forum. Sounds pretty clear cut to me.

[globetrotter 0]

well, seems clear to me that regulations apply to USA employers. I am talking about a NON-USA employer.

My husband just spoke to SS who said I was OK.He is still trying to contact INS though

[Kez/JWolf 6]

Your income from the UK would not be taxable as long as it is under $80,000 and you paid tax in the UK... as for if you are allowed to work for a foreign company, well you are work authorized for the first 90 days after entry as you got the temp EAD when you entered... as to if you should continue after the 90 days.... you would not be EA so the answer would be no....

You could always make an infopass appointment at your local USCIS office and ask a officer... I do know of others who came from Canada who asked the same question "can I work remotely without EAD and were told that you are not authorized to do any paid employment while you are in the US regardless of the country the employer is in"

Good Luck

Kez

Edited December 21, 2006 by Niagaenola

[riblet 0]

I have also heard that people have been told that you are not allowed to work in the U.S. if not authorized to do so, regardless of where your employer is.

Your income from the UK would not be taxable as long as it is under $80,000 and you paid tax in the UK... as for if you are allowed to work for a foreign company, well you are work authorized for the first 90 days after entry as you got the temp EAD when you entered... as to if you should continue after the 90 days.... you would not be EA so the answer would be no....

You could always make an infopass appointment at your local USCIS office and ask a officer... I do know of others who came from Canada who asked the same question "can I work remotely without EAD and were told that you are not authorized to do any paid employment while you are in the US regardless of the country the employer is in"

Good Luck

Kez

[Yodrak 7]

Maggie,

Where your employer is and where your remuneration is paid is not so important, it's where you are performing the work, and perhaps the nature of the work, that would be more significant. A lot of foreigners work in the USA for foreign businesses, and those people need employment authorization to be working here.

Explain more about being paid to write your thesis. Are you really being paid to write the paper? Or are you receiving a stipend, or whatever else you might want to call it, as a graduate student that is continuing while you complete the requirements for your degree?

I don't know if your situation would be considered employment. It might well not be. But don't expect to get a good answer from an immigration officer - consult with an attorney if you want to get a knowledgeable and authoritative answer.

Yodrak

Can anyone tell me...?? Is it legal to be employed in the UK while in the USA waiting for AOS. My temporary work permit is about to expire and I need to know if I can continue receiveing a UK salary - paid to me in the UK and I continue to pay UK taxes.

I am actually paid to do my PhD thesis and so I will be continuing to write up anyway (sitting at home on my computer) - just wasn't sure if it was somehow breaking the rules to receive payment for this from a non USA organization. My understanding is that not being allowed to work in the USA means you cannot be empoyed by a USA company. Am I right?

I actually tried asking an immigration officer this question- first in London, but the supervisor I would have had to speak to was away, then I e-mailed them and got no response and then I tried asking again when I was in Charlotte for my biometrics but was told the immigration officer was too busy to see me.....??????

If you recommend contacting a lawyer can you recommend one and give me an idea of how much it would cost?

Thanks

Maggie

[globetrotter 0]

Thanks Yodrak. I am employed as a research assistant but the research I am doing is the same as my thesis right now. Very lucky I know!! I work from home, have no office base in the USA and do no research per say here - I am only writing up results.

We have now spoken to both SS and someone from the Citizens Immigartion services who both say my situation is OK.

The way I see it I have tried to hide nothing, have made efforts to find out what is right and am now going on USA government advise. I will only be without a EAD for about 1 month. So hopefully it will all work out ok in the end.

However, can you give advise on how to find a good attorney without it costing an arm and a leg?

Edited December 21, 2006 by globetrotter

[Dr_LHA 3]

I personally would not worry about it. Its certainly not worth wasting money on a lawyer. Even if USCIS does see this employment as "illegal work" (which I doubt they would) they can't hold it against you as you're married to a USC.

[Yodrak 7]

globetrotter,

Check the AILA web site, it has a member attorney locator. A consultation should not cost an arm and a leg - perhaps a fingernail - but I'm inclined to think like dr_lha and Citizens Immigration that what you are doing is not an issue.

Yodrak

Thanks Yodrak. I am employed as a research assistant but the research I am doing is the same as my thesis right now. Very lucky I know!! I work from home, have no office base in the USA and do no research per say here - I am only writing up results.

We have now spoken to both SS and someone from the Citizens Immigartion services who both say my situation is OK.

The way I see it I have tried to hide nothing, have made efforts to find out what is right and am now going on USA government advise. I will only be without a EAD for about 1 month. So hopefully it will all work out ok in the end.

However, can you give advise on how to find a good attorney without it costing an arm and a leg?

[globetrotter 0]

Thank you!!

[richardowen 0]

I have a similar situation. I'm here on K3 so waiting for EAD however I do contract work remotely in the UK. I have an address in the UK but do the contract work over the internet from the US. As far as the UK employer is concerned I work from home, which I do.

I'm registered as living in the UK as far as the agency is concerned and I get paid by a UK company into a UK bank account.

I didn't think about this being an issue before reading this as I thought that the reason for EAD etc is to ensure that you are not taking a job from someone who is legally allowed to work in the US.... which I am not. I'm not hurting anyone plus I'm spending all this money I have earned from the UK in the US no doubt helping the economy here.

And I do pay taxes in the UK.

Should I be worried ??

Rgds

Rich./

[LaL 418]

as long as it is under $80,000 and you paid tax in the UK...

a bit OT but thought i would add: when we paid foreign earned income it was slightly more complicated that just 80k cutoff and taxes paid elsewhere. it was based on a multiplier that between the amount of money you made and the amount of time you were actually in the states.

it seems to me you can be liable for taxes in both places in certain situations.

[Yodrak 7]

lal_brandow,

Not OT at all, and very important to high-income people. The FEI exclusion maximum is reduced by the amount of time present in the USA. In might be more easily understood to re-phrase it and say that the amount of the FEI exclusion is a function of the time spent overseas.

If one had spent 6 months of the year living and working overseas (as I did in my last year as an expat) then the maximum foreign-earned income that can be excluded is 50% or $40,000. But since I had earned only half a year's income overseas, half a the exclusion amount was adequate.

Yodrak

as long as it is under $80,000 and you paid tax in the UK...

a bit OT but thought i would add: when we paid foreign earned income it was slightly more complicated that just 80k cutoff and taxes paid elsewhere. it was based on a multiplier that between the amount of money you made and the amount of time you were actually in the states.

it seems to me you can be liable for taxes in both places in certain situations.

Edited December 26, 2006 by Yodrak